1. This application under Sec.482 of the Code of criminal Procedure (hereinafter referred to as the code) has been filed by pawan Kumar Gupta for quashing an order of taking cognizance dated 30-4-1981 and the entire criminal proceeding relating thereto pending in the Court of the sub-Divisional Judicial Magistrate, Ranchi, mainly on the ground that the complaint petition does not make out any offence punishable under the law, much less under Sec.7 of the Essential Commodities Act.

2. On the other hand, a preliminary objection has been taken by the learned counsel appearing for the State to the maintainability to this application on the ground that a similar application on the same ground and for the same relief was riled by this petitioner (Pawan Kumar Gupta) under Sec.482 of the code which was numbered as Cr. Misc. No.1142/82 (R ). In that application also the prayer of the petitioner was for quashing the very same criminal proceeding and order taking cognizance. It is the undisputed position that the earlier application was dispossed of as withdrawn. It was contended by the learned counsel appearing for the State that a fresh application under Sec.482 of the Code of same